Bombay High Court
Dr. Maya Kiran Khandwala vs Madhusudan M. Sanghavi And Ors on 17 January, 2019
Author: R.D. Dhanuka
Bench: R.D. Dhanuka
5-s1895-09c.doc
vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.1895 OF 2009
Dr.Maya K. Khandwala ...Plaintiff
V/s.
Madhusudan M. Sanghavi & Ors. ...Defendants
Ms.A. Wandrewalla with Mr.Akshay Vani and Mr.Manan Jaiswal I/b
MLS Vani & Associates for the Plaintiff.
Mr.Vivek Shiralkar I/b M/s.Shiralkar & Co. for the Defendant No.1.
Mr.Kamal Khata I/b Ms.Sutapa Saha for the Defendant No.3.
Mr.Ganesh Ambekar I/b Thakore Jariwala & Associates for the
Defendant Nos.5 and 10.
Mr.A.S. Pal with Ms.Sanjana Das I/b Mehta & Padamsey for the
Defendant No.6.
Ms.Gaurangi Patil I/b G.P. & Associates for the Defendant Nos.8, 9
and 12.
CORAM : R.D. DHANUKA, J.
DATE : 17TH JANUARY, 2019.
P.C. :-
1. There are two Testamentary Suits bearing Nos.62 of 2010 and 58 of 2010 on board under the caption of "hearing / arguments".
There is also a partition suit i.e. Suit No.1895 of 2009 filed by one of the party to the testamentary suit. The written statements are not filed by all the defendants in the said partition suit. The defendant no.6 1/3 ::: Uploaded on - 19/01/2019 ::: Downloaded on - 19/01/2019 23:30:44 ::: 5-s1895-09c.doc seeks extension of time to file the written statement by four weeks. The other defendants who have not filed the written statements so far, shall file the written statements within four weeks from today with a copy to be served upon the plaintiff's advocate simultaneously. It is made clear that no further extension of time would be granted.
2. Suit No.1895 of 2009 to be tagged with Testamentary Suits bearing Nos.62 of 2010 and 58 of 2010. It is made clear that after disposal of the testamentary suits, this Court would issue further directions in the Suit No.1895 of 2009 for filing the affidavits in lieu of examination in chief and the documents if so warranted. It is made clear that the testamentary suits would be heard first. Some of the documents are not marked in the Testamentary Suits bearing Nos.62 of 2010 and 58 of 2010 so far. In view of the objections raised by the parties before the learned Court Commissioner, though evidence is already concluded in the suit, place the testamentary suits on board for marking of documents on 12th February, 2019.
3. Learned counsel appearing for the defendant no.12 in Suit No.1895 of 2009 seeks extension of time to carry out amendment which was permitted by an order dated 5 th February, 2018. The time to carry out amendment is extended by two weeks from today. It is made clear that no further extension of time would be granted. Learned counsel appearing for the defendant nos.8 and 9 states that 2/3 ::: Uploaded on - 19/01/2019 ::: Downloaded on - 19/01/2019 23:30:44 ::: 5-s1895-09c.doc she has no instructions to waive writ of summons insofar as these defendants are concerned. The plaintiff is accordingly directed to serve the writ of summons upon the defendant nos.8 and 9. Returnable date is extended by eight weeks from today.
(R.D. DHANUKA, J.) 3/3 ::: Uploaded on - 19/01/2019 ::: Downloaded on - 19/01/2019 23:30:44 :::